Bill Text: CA AB2409 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2409 (Prior Session Legislation)

Bill Title: Parole: victim’s rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2409 Detail]

Download: California-2021-AB2409-Amended.html

Amended IN Assembly March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2409

Introduced by Assembly Member Davies

February 17, 2022

An act to add Section 3043.8 to the Penal Code, relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

AB 2409, as amended, Davies. Parole: victim’s rights.

Existing law requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by an inmate of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Existing law permits a victim, or next of kin of the victim, to designate a representative to appear on their behalf and participate in a parole suitability hearing, as specified.

This bill would require the district attorney to inform any victim, or the victim’s next of kin, of their right to request that the board notify them of any hearing to consider an inmate’s parole suitability. The bill would also require the district attorney to provide the victim or victim’s next of kin with reasonable notice of any hearing, including any change of date, time, and place of the hearing. The bill would permit victims, their next of kin, or representative, to request certain documents from the board and the district attorney before a scheduled hearing. The bill would permit a victim, their next of kin, or representative to propose clarifying questions for the panel to pose to the inmate during a hearing, as long as the questions are not irrelevant or cumulative. Because this bill would place additional duties on local law enforcement, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the Marquis LeBlanc Fair Parole Hearing Act.

SECTION 1.SEC. 2.

Section 3043.8 is added to the Penal Code, to read:

3043.8.

(a) The district attorney of the county in which an offense was committed shall inform any victim of any crime committed by an inmate, or to the next of kin of the victim if the victim has died, of the right to be notified of any hearing to review or consider the parole suitability for any inmate, pursuant to Section 3043 and the rights enumerated within this section.

(b) The district attorney of the county in which an offense was committed shall provide any victim, next of kin, or their representative reasonable notice of any hearing to review or consider the parole suitability for any inmate or any change to the date, time, and place of the hearing.

(c)A victim, next of kin, or their representative, no later than 20 days before a scheduled hearing, has the right to request from the board or the district attorney, any statements in favor of, or in opposition to, an inmate’s parole, any comprehensive risk assessments, or recommendations relating to an inmate’s parole suitability, except for those portions made confidential by law.
(d)A victim, next of kin, or their representative has the right to, no later than 10 days before the scheduled hearing, submit relevant documents to the board, including, but not limited to, documents relating to the commitment offense, the inmate’s knowledge or intent regarding the commitment offense, and the impact on the victim or next of kin.
(e)At a hearing, a victim, next of kin, or their representative has the right to propose clarifying questions for the panel to pose to the inmate. A panel may exclude questions that the panel finds irrelevant or cumulative.
~~(f)~~

(c) Nothing in this section shall be construed as a limitation on any other rights of the victim or the victim’s next of kin.

SEC. 2.SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.